Legal Opinion

Abeles v. Cochran

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 9 opinions

Error from Atchison District Court. Action brought by Abeles, against Cochran and four other defendants, charging both a special contract with them for the sale of one thousand shares of the capital stock of the German Savings Bank, of- Leavenworth, August 23, 1873, and on all of which shares there had been paid at that date by plaintiff to said bank the sum of twenty dollars on each share thereof, and also in assumpsit for $23,300, the alleged value of said shares of stock…

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Error from Atchison District Court. Action brought by Abeles, against Cochran and four other defendants, charging both a special contract with them for the sale of one thousand shares of the capital stock of the German Savings Bank, of- Leavenworth, August 23, 1873, and on all of which shares there had been paid at that date by plaintiff to said bank the sum of twenty dollars on each share thereof, and also in assumpsit for $23,300, the alleged value of said shares of stock by the plaintiff sold to the defendants, and at their instance delivered to the bank at the time aforesaid. Defendants…

1Opinion of the Court

The opinion of the court was delivered by

Bjrewer, J.:

Prior to August 23, 1873, plaintiff was the owner of a large amount of stock in the German Savings Bank, of Leavenworth. On that day, he made a sale of it, and delivered the certificates thereof assigned in blank. The questions in this case are: To whom was such sale made? and, Are the defendants liable as purchasers or otherwise for the price of this stock? The district court sustained a demurrer to the evidence, and from this ruling the plaintiff brings error. The defendants were directors of the bank, and their claim is that the sale was…

2Cases cited4 opinions

  1. Ogden v. RaymondSupreme Court of Connecticut · 1852
  2. German Savings Bank v. WulfekuhlerSupreme Court of Kansas · 1877
  3. McCurdy v. RogersWisconsin Supreme Court · 1866
  4. Aspinwall v. TorranceNew York Supreme Court · 1870

3Cited by9 opinions

  1. Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
  2. Kelly v. Central Union Fire InsuranceSupreme Court of Kansas · 1917
  3. Security National Bank v. Crystal Ice & Fuel Co.Supreme Court of Kansas · 1937
  4. Holt v. Winfield BankUnited States Circuit Court · 1885
  5. Thompson v. Park Sav. BankCourt of Appeals for the D.C. Circuit · 1935

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